93-20961 Reso •
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RESOLUTION NUMBER 93-20961
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA,AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI
BEACH DEVELOPMENT CORPORATION, (MBDC), WITH
A FUNDING AMOUNT OF SIX HUNDRED TWENTY SIX
THOUSAND TWO HUNDRED TEN DOLLARS ($626,210) OF
WHICH FOUR HUNDRED SIXTY TWO THOUSAND ONE
HUNDRED THIRTY SIX DOLLARS ($462,136) IS YEAR 19
CDBG FUNDS AND ONE HUNDRED SIXTY. FOUR
THOUSAND SEVENTY FOUR DOLLARS ($164,074) IS •
FROM PRIOR YEARS' CARRY-OVER FUNDS, FOR
PROVISION OF THE FOLLOWING PROGRAMS:
COMMERCIAL PROPERTY FACADE/REHABILITATION
(YEAR 19 - $267,136, CARRY-OVER - $90,361), LINCOLN
ROAD PHYSICAL PUBLIC IMPROVEMENTS (YEAR 19 -
$25,000, CARRY-OVER- $73,713),AFFORDABLE HOUSING
HOMEOWNERSHIP/SCATTERED SITE ($100,000),
HOUSING FOR NS WITH SPECIAL NEEDS
($25,000), AND 'ISHER/FIENBERG RAINMOTHERS
ASSISTANCI ($1,QOQ)
WHEREAS, the City of Miami Beach, (City), is authorized by
Commission Memorandum Number 5467, dated January 21, 1976, to prepare an application
for a Community Development Block Grant, hereinafter referred to as "CDBG Funds," and
to design and implement such systems as are necessary to insure that the Community
Development Program is developed, conducted and administered in accordance with Title
I of the Housing and Community Development Act of 1974, as amended, including the
Cranston-Gonzalez National Affordable Housing Act of 1990, the Housing and Community
Development Act of 1992, and any Federal regulations promulgated thereunder, as well as
applicable state and local authorities, and in such capacity is authorized to enter into and
execute agreements with other departments and agencies within the City; and
WHEREAS, the City has submitted the Year Nineteen Final Statement of
Objectives and Projected Use of Funds to the U.S. Department of Housing and Urban
Development which identified $3,476,428 in available CDBG resources for Year Nineteen
projects, of which $2,534,000 are Year Nineteen entitlement funds, $135,428 in funds
reprogrammed from prior years' funds, and $807,000 in program income of which $12,000
is available for Year Nineteen projects; and
WHEREAS, the Mayor and City Commission deem it to be in the best interest
of the residents and citizens of the City to enter into a contract with the Miami Beach
Development Corporation, (MBDC), hereinafter referred to as the "Provider", for provision
of the following programs: Commercial Property Facade/Rehabilitation, Linlcoln Road
Physical Improvements, Affordable Housing Homeownership/Scattered Site, Housing for
Persons,with Special Needs, and Fienberg/Fisher RAINMOTHERS Assistance; and
WHEREAS, pursuant to such Agreement, the Provider will receive a total
amount of Four Hundred Sixty Two Thousand One Hundred Thirty Six dollars ($462,136)
from Year Nineteen CDBG funds,to be used for the above stated purposes, and in addition,
the Provider will receive CDBG carry-over funds for hard costs of One Hundred Sixty Four
Thousand Seventy Four ($164,074) previously approved for the above stated purposes; and
WHEREAS, the CDBG funds are conditional upon the approval for release
of funds from the U.S. Department of Housing and Urban Development; and
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WHEREAS, the Mayor and City Commission, pursuant to Resolution No. 93-
20829 adopted July 14, 1993, approved the CDBG Year 19 Final Statement outlining the
specific projects and allocations, including $462,136 for the above-stated Provider; and
WHEREAS, on October 20, 1993, the Mayor and City Commission approved
a sub-recipient "Form Agreement" necessary to implement the Year Nineteen (19) CDBG
activities, as well as seventeen (17) sub-recipient agreements; and
WHEREAS,this Agreement contains prior years'carry-over funds @$164,074,
which are restricted to capital improvements and/or facade rehabilitation activities, and all
CDBG funds must be expended during FY 93/94, or legally committed by MBDC for
construction projects which commence thirty days prior to the contract completion date of
9/30/94, or the funds will be recaptured by the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Clerk are hereby authorized and directed to execute the attached Agreement between the
City of Miami Beach and the Miami Beach Development Corporation (MBDC), with a
funding amount of funding amount of Six Hundred Twenty Six Thousand Two Hundred Ten .
dollars ($626,210) of which Four Hundred Sixty Two Thousand One Hundred Thirty Six
dollars ($462,136) is Year 19 CDBG funds and One Hundred Sixty Four Thousand Seventy
Four dollars ($164,074) is from prior years' carry-over funds, for provision of the following
programs: Commercial Property Facade/Rehabilitation (Year 19 - $267,136, carry-over -
$90,361), Lincoln Road Physical Public Improvements (Year 19 - $25,000, carry-over -
$73,713), Affordable Housing Homeownership/Scattered Site ($100,000), Housing for
Persons with Special Needs ($25,000), and Fisher/Fienberg RAINMOTHERS Assistance
($45,000).
PASSED AND ADOPTED THIS 17th DAY OF November , 1993.
dak e
MA O.1"
ATTEST:
,AA
CITY CLERK
FORM APPROVED
LEGAL DEPT.
TCIS)
Date
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AGREEMENT
This Agreement is entered into this 1st day of October, 1993, by and between the City of
Miami Beach, a Florida municipal corporation, having its principal office at 1700
Convention Center Drive, Miami Beach, Florida, hereinafter referred to as the "City", and
the Miami Beach Development Corporation, hereinafter referred to as the "Provider."
WITNESSETH:
WHEREAS, the City has entered into an agreement with the U.S. Department of
Housing and Urban Development for the purpose of conducting a Housing and Community
Development Program with federal financial assistance under Title I of the Housing and
Community Development Act of 1974, as amended, hereinafter called "Act"; and the
Cranston-Gonzalez National Affordable Housing Act of 1990; and the Housing and
Community Development Act of 1992; and
WHEREAS, the City has determined through its Year Nineteen Final Statement of
Objectives and Projected Use of Funds, which was adopted by City of Miami Beach
Resolution Number 93-20829, July 14, 1993, the necessity for providing a Commercial
Revitalization Program and an Affordable Housing Program in Miami Beach; and
WHEREAS, the City desires to engage the Provider to render certain services in
connection therewith:
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I: SCOPE OF SERVICES
The Provider agrees to implement the following Year 19 CDBG Programs in accordance
with the Budget attached and made a fully binding part of this Agreement, as Appendix 1.
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Any activities located in the Redevelopment Area will be subject to prior approval from the
City of Miami Beach's Housing and Community Development Division.
A. COMMERCIAL PROPERTY FACADE/REHABILITATION PROGRAM -
24 CFR 570.202 (a) (3) / 570.208 (a) (1) or (b) (1), (2)
1. Property rehabilitation grants are to be made available to property owners
and merchants who undertake rehabilitation of their properties in accordance
with design review requirements of MBDC, the City and other applicable
governmental agencies. MBDC is to be responsible for promoting the
availability of the program, coordinating the design review process and
providing the owner/merchant and contractors with technical assistance in
meeting government requirements. •
2. Provider is to complete the rehabilitation of two (2) projects (eighteen (18)
storefronts) carried-over from CDBG Year 18, and initiate renovation of
twenty (20) new storefronts (defined by street address) for businesses located
in eligible areas, based on the availability of funds from the City and Dade
County. Rehabilitation work shall be limited to facade rehabilitation and
interior correction of code violations, unless approved by both the City and
Dade County. The two (2) carry-over projects and the 20 new storefronts will
be completed (final completion approved by the City's Building Department),
by September 30, 1994.
3. The Year 19 Program will provide matching commercial rehabilitation/facade
grants to property owners and leaseholders, in accordance with the South
Beach Commercial Rehabilitation Program.
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a. The eligible program area is as follows: Lincoln Road from the
Atlantic Ocean to West Avenue, and Washington Avenue from
Commerce Street to Lincoln Road.
b. Any proposed changes to the Year 19 eligible program area are to be
submitted in writing to the City's Housing& Community Development
Division for prior review and approval. No written application is to
be taken by MBDC from businesses outside the approved areas.
c. The Provider shall submit all commercial rehabilitation/facade grant
applications to the City's Housing&Community Development Division
of the Department of Development, Design and Historic Preservation
Services for review and approval.
d. The Provider shall clearly document the manner by which each
project/business meets a CDBG National Objective (low/mod benefit
or slums/ blight), such as the low/moderate income service area of
each business assisted or the designated slum/blighted area where the
business is located. This documentation must be submitted to the
Housing & Community Development Division with each application,
for review and approval.
B. LINCOLN ROAD PHYSICAL PUBLIC IMPROVEMENTS PROGRAM -
24 CFR 570.201 (c) and 24 CFR 570.208 (a) (1)
1. The Provider shall undertake the design and implementation of a physical
public improvement program for Lincoln Road. This program will contain all
of the following elements:
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a. A Capital Improvement activity to be completed by September 30,
1994, which includes: the completion of Phase I of an overall program,
reconstruction, a signage/lighting and identification program to
improve the safety, visibility and accessibility of merchants, as
approved by the Lincoln Road Coordinating Council.
b. Continue monitoring the consultant team to complete the
comprehensive revitalization program for Lincoln Road which includes
both a physical development program as well as a business and
economic development program.
c. Identify contractors, obtain work estimates, and monitor construction
progress.
d. MBDC will coordinate this effort in conjunction with the Lincoln Road
Director, and with participation and input from representatives of: the
Lincoln Road Task Force,the City's Development,Design and Historic
Preservation Services Department, and others as deemed appropriate
by the City.
C. HOMEOWNERSHIP/SCATTERED SITE PROGRAM
24 CFR 570.201 (a) and 24 CFR 570.201 (b) / 570.208 (a) (2)
1. The Provider shall select and acquire eighteen (18) units in eligible
Community Development target areas, for the purpose of enabling
low/moderate income eligible buyers to own their own home.
2. A minimum of eighteen (18) units shall be purchased by low/moderate
income eligible buyers from Miami Beach.
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3. The. Provider shall clearly document the eligibility of each low/moderate
income buyer, i.e. certify that each applicant/buyer is eligible under the
CDBG Income Guidelines.
D. HOUSING FOR PERSONS WITH SPECIAL NEEDS PROGRAM -
24 CFR 570.202 (a) (1) or (b) / 570.208 (a) (2)
1. The Provider shall complete the acquisition and rehabilitation of a 20 unit
building for the purpose of placing into operation a housing facility for a
special needs population through a joint venture initiative with a community
health organization.
2. Accomplishments to be completed by September 30, 1994:
a. Receive conditional approval and final commitment from HUD.
b. Complete pre-development requirements and architectural/engineer-
ing plans for specifications.
c. Complete acquisition and closing on property.
d. Undertake and complete property rehabilitation.
E. FIENBERG/FISHER RAINMOTHERS ASSISTANCE PROGRAM
24 CFR 570.201 (e) / 570.208 (a) (2)
1. Formulate general criteria for operation, and select a committee to monitor
program implementation.
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2. Engage three program aides to implement the program.
3. Interview, intake and provide at least 500 low/moderate income eligible
Miami Beach families with assistance, including food assistance, and
emergency assistance for medical and housing needs.
SECTION II: CONDITION OF SERVICE
The Provider hereby agrees to the following:
A. The Program shall serve eligible low and moderate income persons living primarily
within Miami Beach, but principally in those areas containing a high concentration
of such persons.
B. The Provider shall maintain in its file the documentation on which basis it
determines that the project benefits low and moderate income persons, minorities
and residents of Miami Beach. Such records shall include, but not be limited to,
the following:
1. Profiles identifying financial classification, head of household, ethnicity, race
and gender, or area benefit data, as required.
2. An outreach plan which insures equitable participation by all eligible Miami
Beach residents, and delineates steps taken to solicit increased participation
of minority groups.
C. The Provider shall maintain a citizen participation mechanism, which will include,
but not be limited to the following:
1. Logging citizen comments or complaints when received.
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2. Copies of comments and/or complaints received in writing.
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3. Copies of responses to complaints and/or explanations of resolutions to
complaints.
D. The Provider shall comply with the following attachments to the Office of
Management and Budget (OMB) Circular No. A-110, "Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and Other Non-Profit Organizations", incorporated by reference into this
Agreement.
1. Attachment A,"Cash Depositories",except for paragraph 4 concerning deposit
insurance.
2. Attachment B, "Bonding and Insurance".
3. Attachment C, "Retention and Custodial Requirements for Records", except
that in lieu of the provisions in paragraph 4, the retention period for records
pertaining to individual CDBG activities starts from the date of submission
of the annual performance and evaluation report, as prescribed in 570.507, in
which the specific activity is reported on for the final time.
4. Attachment F, "Standards for Financial Management Systems".
5. Attachment H, "Monitoring and Reporting Program Performance",
paragraph 2. •
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6. Attachment N, "Monitoring Management Standards", except for paragraph 3
concerning the standards for real property and except that paragraphs 6 and
7 are modified so that in all cases in which personal property is sold, the
proceeds shall be "program income" and that personal property not needed
by the sub-recipient for CDBG activities•shall be transferred to the recipient
for the CDBG program or shall be retained after compensating the recipient.
7. Attachment 0, "Procurement Standards".
E. Costs incurred under this program shall be in compliance with Federal Management
Circular No. A-122, "Cost Principles for Non-Profit Organizations, incorporated by
reference into this Agreement.
F. The Provider shall abide by those provisions of 24 CFR Part 570 Subpart J, when
applicable, incorporated by reference into this Agreement.
G. No expenditures or obligations shall be incurred for the program prior to approval
and release of funds from the U.S. Department of Housing and Urban Development.
Further, it is expressly understood that in the event no funds are released from the
U.S. Department of Housing and Urban Development in connection with this
Program, then the City is not liable for any claims under this contract.
H. The Provider shall certify, pursuant to Section 109 of the Act, that no person shall
be denied the benefits of the program on the ground of race, color, national origin
or sex.
The Provider agrees that to the extent that it staffs the Program with personnel not
presently employed by said party, it will take affirmative action in attempting to
employ low income persons residing in the City of Miami Beach,particularly minority
group members.
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J. The Provider shall comply with the provisions of 24 CFR 570.504 (c), "Program
Income", gross income directly generated from the use of CDBG funds. In those
instances where the City allows the sub-recipient to retain program income, these
funds shall be expended for CDBG eligible activities,previously approved by the City
in accordance with the Budget attached to or referenced in this Agreement.
K. The Provider shall adhere to the applicable requirements contained in the
"Acknowledgement of Economic Development Activities", attached hereto and made
a part hereof as Appendix 2, if applicable.
L. The Provider shall comply with First Amendment Church/State principles, as follows:
1. It will not discriminate against any employee or applicant for employment on
the basis of religion and will not limit employment or give preference in
employment to persons on the basis of religion. •
2. It will not discriminate against any person applying for public services on the
basis of religion and will not limit such services or give preference to persons
on the basis of religion.
3. It will provide no religious instruction or counseling, conduct no religious
worship or services, engage in no religious proselytizing, and exert no other
religious influence in the provision of such public services.
4. The portion of a facility used to provide public services assisted in whole or
in part under this Agreement shall contain no sectarian or religious symbols
or decorations.
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5. The funds received under this Agreement shall not be used to construct,
rehabilitate, or restore any facility which is owned by the Provider and in
which the public services are to be provided. However, minor repairs may be
made if such repairs are directly related to the public services; are located in
a structure used exclusively for non-religious purposes; and constitute, in
dollar terms, only a minor portion of the CDBG expenditure for the public
services.
M. The Provider shall transfer to the City upon expiration of this Agreement, any CDBG
funds on hand at the time of expiration and any accounts receivable attributable to
the use of CDBG funds. The following restrictions and limitations apply to any real
property under the Provider's control which was acquired or improved in whole or
in part with CDBG funds in excess of $25,000:
1. Any real property under the Provider's'control must be used to meet one of
the National Objectives in the CDBG Regulations, Part 570.208 until five
years or such longer period of time as determined appropriate by the City
after expiration of the Agreement.
2. If the real property is sold within the period of time specified above, the
property must be disposed of in a manner which results in the City being
reimbursed in the amount of the current fair market value of the property,
less any portion thereof attributable to expenditures on non-CDBG funds for
acquisition of, or improvement to, the property. Such reimbursement is
required.
N. The Provider agrees that when sponsoring a project financed in whole or in part
under this Agreement, all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorship of the project, research reports, and
similar public notices prepared and released by the Provider shall include the
statement:
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"FUNDED BY THE CITY OF MIAMI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM"
In written materials, the words "CITY OF MIAMI BEACH COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS ADMINISTERED BY THE HOUSING
AND COMMUNITY DEVELOPMENT DIVISION" shall appear in the same size
letters or type as the name of the Provider.
O. The Provider shall ensure the following minimum criteria when entering into a sub-
contract agreement:
1. The full correct legal name of the party shall be identified.
2. The "Scope of Services" shall describe the activities to be performed.
3. The amount of the sub-contract agreement, price components, method of
payment, and funding sources shall be detailed.
4. A provision requiring 'compliance with all regulatory requirements'of this
Agreement shall be incorporated.
5. Written approval from the City shall be received prior to any expenditures
being incurred under the sub-contract agreement. Failure to obtain prior
approval will release the City of any obligation to reimburse the Provider for
any costs incurred.
P. The Provider shall maintain sufficient records in accordance with 24 CFR 570.502
and 570.506 to determine compliance with the requirements of this Agreement, the
Community Development Block Grant Program and all applicable laws and
regulations.
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This documentation shall include, but not be limited to, the following:
1. Books, records and documents in accordance with generally accepted
accounting principles,procedures and practices which sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly
by this Agreement, including matching funds and program income.
2. A system of allocation that will assure reliable cost measurements and
reasonable and customary service delivery costs for each program.
3. Time sheets for split-funded employees, which work on more than one
activity, in order to record the CDBG activity delivery cost by project and the
non-CDBG related charges.
4. How the Statutory National Objective(s) and the eligibility requirement(s)
under which funding has been received, have been met. These also include
special requirements such as necessary and appropriate determinations,
income certifications, and written agreements with beneficiaries, where
applicable.
Q. The Provider is responsible for maintaining and storing all records pertinent to this
Agreement in an orderly fashion in a readily accessible, permanent and secured
location for a period of three (3) years after expiration of this Agreement, with the
following exception: if any litigation, claim or audit is started before the expiration
date of the three year period, the records will be maintained until all litigation,
claims or audit findings involving these records are resolved. The City shall be
informed in writing after close-out of this Agreement, of the address where the
records are to be kept.
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R. In the event that the Provider is an organization and/or entity receiving or having
received CDBG funds for the purpose of acquiring property intended to be owned
or maintained for the use of said organization and/or entity, the City, through its
Housing and Community Development Division, may, at its discretion and upon
individual evaluation, require the Provider to enter into a separate agreement further
restricting the use of the subject property; as well as requiring additional terms and
conditions relative to the use of the)organization and/or entity's future funds,monies,
etc., being used and/or committed toward the buy-down of any debt existing on the
property.
SECTION III: TERM OF AGREEMENT
This Agreement shall be deemed effective upon approval and release of funds by the U.S.
Department of Housing and Urban Development or upon being duly executed by both
parties, whichever is later.
These projects shall become operational as of October 1, 1993, subject to the approval of
this Agreement by the Mayor and City Commission, and shall be completed by September
30, 1994, with the exception of the Fienberg/Fisher RAINMOTHERS Assistance Program,
in Section I,Scope E. That project shall commence upon execution of this Agreement. The
term specified herein may be subject to any applicable term restrictions and limitations
prescribed by HUD, and/or as may be otherwise prescribed herein.
SECTION IV: TERMINATION
The City and the Provider agree:
A. This Agreement may be terminated by either party hereto by written notice to the
other party of such intent to terminate at least thirty (30) days prior to the effective
date of such termination.
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B. This Agreement may be terminated in whole or in part, for convenience, when both
parties agree upon the termination conditions. A written notification shall be
required and shall include the following: reason for the termination, the effective
date, and in the case of a partial termination, the actual portion to be terminated.
However, if, in the case of a partial termination, the City determines that the
remaining portion of the Agreement will not accomplish the purposes of such
Agreement, the City may terminate such in its entirety.
C. The City may place the Provider in default of this Agreement, and may suspend or
terminate this Agreement in whole, or in part, for cause.
1. Cause shall include, but not be limited to, the following:
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a. Failure to comply and/or perform in accordance with this Agreement,
or any federal statute or regulation.
b. Submitting reports to the City which are late, incorrect or incomplete
in any material respect.
c. Implementation of this Agreement, for any reason, is rendered
impossible or infeasible.
d. Failure to respond in writing to any concerns raised by the City,
including substantiating documents when required/requested by the
City.
e. Any evidence of fraud, mismanagement, and/or waste, as determined
by the City's monitoring of the sub-recipient, and applicable HUD
rules and regulations.
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2. The City shall notify the Provider in writing when the Provider has been
placed in default. Such notification shall include actions taken by the City,
such as withholding of payments, actions to be taken by the Provider as a
condition precedent to clearing the deficiency and a reasonable date for
compliance, which shall be no more than fifteen (15) days from notification
date.
3. The City shall notify the Provider in writing when sufficient cause is found for
termination of this Agreement. The Provider shall be given no more than
fifteen (15) days in which to reply in writing, appealing the termination prior
to final action being taken by the City.
D. Let it be further understood that upon curtailment of, or regulatory constraints
placed on, the funds by the U.S. Department of Housing and Urban Development,
this Agreement will terminate effective as of the time that it is determined such
funds are no longer available.
E. Costs of the Provider resulting from obligations incurred during a suspension or after
termination, are not allowable unless the City expressly authorizes them in the notice
of suspension or termination or subsequent thereto. Other costs during suspension
or after termination which are necessary and not reasonably avoidable are allowable
if:
1. The costs result from obligations which were properly incurred before the
effective date of suspension or termination, are not in anticipation of it, and
in the case of termination, are noncancelable, and
2. The costs would be allowable if the award were not suspended or expired
normally at the end of the Agreement in which the termination takes effect.
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F. Upon termination of the Agreement, the Provider and the City shall meet to discuss
the City's determination if any amounts are to be repaid to the City or if additional
amounts are due the Provider.
SECTION V: AMENDMENTS
Any alterations, variations, modifications or waivers of this Agreement shall only be valid
when they have been reduced to writing and duly signed by both parties. Any changes which
do not substantially change the scope of the project and/or the Project Implementation
Schedule or increase the total amount payable under this Agreement, shall be valid only
when reduced to writing and signed by the City Administration and the Provider.
The City shall not reimburse the Provider for outlays in excess of the funded amount of the
Agreement unless and until the City officially, in writing, approves such expenditure by
executing a written modification to the original Agreement.
SECTION VI: METHOD OF PAYMENT
A. It is expressly understood and agreed that the total compensation to be paid
hereunder for actual expenditures incurred shall not exceed Six Hundred Twenty Six
Thousand Two Hundred Ten dollars ($626,210) of which Four Hundred Sixty Two
Thousand One Hundred Thirty Six dollars ($462,136) is Year 19 funds, and One
Hundred Sixty Four Thousand Seventy Four dollars ($164,074) is from prior years'
carry-over funds. These carry-over funds are for hard costs, i.e. physical
improvements only. No salaries or administrative costs can be paid with these carry-
over funds.
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1. Commercial Property Revitalization/Facade Program @ $267,136 from Year
19 funds of which $117,000 is to be used only for rehab/facade grants (hard
costs), as well as prior year funds carried-over from this program @ $90,631
to be used only for the capital costs related to rehab/facade grants (hard'
costs).
2. Lincoln Road Physical Public Improvements Program @ $25,000 from Year
19 funds for capital improvements, as well as prior years' funds carried-over
from this program @ $73,713 of which $48,713 is to be used only for capital
improvements and $25,000 for the Lincoln Road Consultant Agreement with
Forest City Ratner Companies and Benjamin Thompson and Associates.
3. Homeownership/Scattered Site Program @ $100,000 from Year 19 funds.
4. Housing for Persons with Special Needs Program @ $25,000 from Year 19
funds.
5. Fienberg/Fisher RAINMOTHERS Assistance Program @ $45,000 from Year
19 funds.
B. Such funds must be expended during the term of the Agreement. Any remaining
balance of funds not legally committed by MBDC for construction projects which
commence thirty (30) days prior to the end of the Agreement, shall revert to the
City. Such compensation shall be paid in accordance with the Budget attached
hereto and made a part hereof as Appendix 1.
C. The Provider shall submit, for each separate component of the various programs
described under Section I - Scope of Services, monthly requests for payment for
actual and/or anticipated expenditures, including Program Income and applicable
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back-up documentation, no later than the tenth (10th) day of the succeeding month
and the City will provide payment,upon approval, within ten (10)working days after
receipt of the same, if submitted by the deadline date for inclusion on the drawdown
request.
D. The City agrees to pay the Provider for expenditures incurred under this Agreement
on a monthly basis in accordance with the Budget attached hereto and made a part
hereof as Appendix 1. Line item transfers are allowable only within each component
and may not exceed in the aggregate ten percent (10%) of each line item, and must
have prior written approval of the City.
SECTION VII: CONFLICT OF INTEREST
The Provider covenants that no person, under its employ who presently exercises any
functions or responsibilities in connection with Community Development funded activities,
has any personal financial interests, direct or indirect, in this Agreement. The Provider
covenants that in the performance of this Agreement, no person having such conflicting
interest shall be employed. The Provider covenants that it will comply with all provisions
of 24 CFR 570.611 "Conflict of Interest", and the State Statutes governing conflicts of
interest. The Provider shall disclose, in writing, to the City any possible conflicting interest
or apparent impropriety that is covered by the above provisions. This disclosure shall occur
immediately upon knowledge of such possible conflict. The City will then render an opinion
which shall be binding on both parties.
SECTION VIII: INDEMNIFICATION AND INSURANCE
The Provider, through an insurance carrier, shall indemnify and hold harmless the City from
any and all claims, liability, losses and causes of action which may arise out of an act,
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omission, negligence or misconduct on the part of the Provider or any of its agents, servants,
employees, contractors, patrons, guests, clients, licenses or interests or of any other person
entering upon the Provider's place of business. The Provider, through its insurance carrier,
shall pay all claims and losses of any nature whatsoever in connection therewith and shall
defend all suits in the name of the City, when applicable, and shall pay all costs and
judgments which may issue thereon.
The Provider, through an insurance carrier, shall provide a General Liability Policy with
coverage for Bodily Injury and Property Damage,in the amount of$500,000 single limit (the
policy must include coverage for contractual liability to cover the above indemnification);
and the City of Miami Beach shall be named as an additional insured followed by the
statement: "This coverage is primary to all other coverage carried by the City covering this
specific agreement only." The Provider shall hold proof of Workers' Compensation
Coverage as per statutory limits of the State of Florida.
Automobile and vehicle coverage shall be required when the use of automobiles and other
vehicles are involved in any way in the performance of the Agreement.
The Provider shall submit to the City an ORIGINAL Certificate of Insurance.
All insurance coverage shall be approved by the City's Insurance Manager prior to the
release of any funds under this Agreement.
Further, in the event evidence of such insurance is not forwarded to the Insurance Manager
within thirty (30) days after the execution of this Agreement, this Agreement shall become
null and void and the City shall have no obligation under the terms thereof unless a written
extension of this thirty (30) day requirement is secured from the Insurance Manager.
19
SECTION IX: REPORTING AND EVALUATION REQUIREMENTS
Maintaining credibility for the community development effort rests heavily on the ability to
produce an impact in low/moderate income areas, through progress in accomplishing
scheduled activities. An effective method for maintaining project progress against a
previously established schedule is through project evaluation and reporting, which will
consist of both written reports and staff discussions on a regular basis including quarterly
meetings with all parties of interest attending for the purpose of insuring effective contract
execution. The Provider also assures prompt and efficient submission of the following:
A. Monthly Reports are due no later than the tenth (10th) day of the succeeding month
and shall include the request for payment when applicable. Contents of the Monthly
Report, attached hereto and made a part hereof as Appendix 3, shall include but not
necessarily be limited to, the following:
1. The Narrative Report.
2. The Financial,Status Report, including Program Income, for each separate
component of the various programs described under Section I - Scope of
Services, which shall include the request for payment and documentation, as
applicable.
3. The Client Profile Report.
4. Time sheets for split-funded employees, in accordance with Section II,
Paragraph P.2 of this Agreement.
B. Final Evaluation. Within twenty (20) days of contract completion, a final report
documenting how the Statutory National Objective and the eligibility requirements
20
•
were met, must be submitted by the Provider to the City's Community Development
Division for review and approval. The contents of same shall include a cumulative
total of the data submitted during the program's operation. Further, such report
shall include statistical findings which depict program efficiency; i.e., the number of
dollars spent, including non-CDBG funding sources, to render actual service to
program recipients, and an overall evaluation of the program's effectiveness, and
quantitative results. The final report will be evaluated and the Provider will be
notified if additional data is necessary or that the project/activity is considered
"closed-out".
Other Reporting Requirements may be required by the City in the event of program
changes, the need for additional information or documentation, and/or legislative
amendments. The Provider shall be informed, in writing, if any changes become necessary.
Reports and/or requested documentation not received by the due date, shall be considered
delinquent, and shall be considered by the City, at its sole discretion, as sufficient cause to
suspend CDBG payments to the Provider.
SECTION X: AUDIT AND INSPECTIONS
At any time during normal business hours and as often as City and/or Federal Government
representatives may deem necessary, there shall be made available to representatives of the
City and/or the Federal Government to review, inspect or audit all records, documentation,
and any other data relating to all matters covered by the Agreement.
An annual organization audit shall be submitted to the City 180 days after the end of the
Provider's fiscal year. The audit shall be performed in accordance with OMB Circular A-
110 Attachment F, OMB Circular A-133 or OMB Circular A-128, as applicable. If this
21
Agreement is closed-out prior to the receipt of an audit report, the City reserves the right
to recover any disallowed costs identified in an audit after such close-out.
SECTION XI: COMPLIANCE WITH LOCAL,STATE&FEDERAL REGULATIONS
The Provider agrees to comply with all applicable federal regulations as they may apply to
program administration. Additionally, the Provider will comply with all state and local laws
and ordinances hereto applicable.
SECTION XII: ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the parties hereto that monies contemplated by this
Agreement to be used for the compensation, originated from grants of federal Community
Development Block Grant funds, and must be implemented in full compliance with all of
HUD's rules and regulations.
It is expressly understood and agreed that in the event of curtailment or non-production of
said federal grant funds, that the financial sources necessary to continue to pay the Provider
compensation will not be available and that this Agreement will thereby terminate effective
as of the time that it is determined that said funds are no longer available.
In the event of such determination, the Provider agrees that it will not look to, nor seek to
hold liable, the City or any individual member of the City Commission thereof personally
for the performance of this.,Agreement and all of the parties hereto shall be released from
further liability each to the other under the terms of this Agreement.
22
XIII: LIMITATION OF LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit
on City's liability for any cause of action for money damages due to an alleged breach by
the City of this agreement, so that its liability for any such breach never exceeds the sum
of $626,210. Provider hereby expresses its willingness to enter into this Agreement with
Provider's recovery from the City for any damage action for breach of contract to be limited
to a maximum amount of $626,210, less the amount of all funds actually paid by the City
to Provider pursuant to this agreement.
Accordingly, Provider hereby agrees that the City shall not be liable to Provider for damages
in an amount in excess of $626,210 which amount shall be reduced by the amount of the
funding actually paid by the City to Provider pursuant to this agreement, for any action or
claim for breach of contract arising out of the performance or nonperformance of any
obligations imposed upon the City by this Agreement. Nothing contained in this
subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the
limitation placed upon City's liability as set forth in Florida Statutes, Section 768.28.
XIV: ARBITRATION
Any controversy or claim for money damages arising out of or relating to this Agreement,
or the breach hereof, shall be settled by arbitration in accordance with the Commercial
Arbitration Rules of the American Arbitration Association, and the arbitration award shall
be final and binding upon the parties hereto and subject to no appeal, and shall deal with
the question of the costs of arbitration and all matters related thereto. In that regard, the
parties shall mutually select one arbitrator, but to the extent the parties cannot agree upon.
the arbitrator,then the American Arbitration Association shall appoint one. Judgment upon
the award rendered may be entered into any court having jurisdiction, or application may
be made to such court for an order of enforcement. Any controversy or claim other than
23
a controversy or claim for money damages arising out of or relating to this Agreement, or
the breach hereof, including any controversy or claim relating to the right to specific
performance, shall be settled by litigation and not arbitration.
SECTION XV: NOTICES
All notices required under this Agreement shall be sent to the parties at the following
address, with copies to the office of the City Attorney:
City: Shirley Taylor-Prakelt, Director
Housing & Community Development Division
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Provider: Denis Russ, President
Miami Beach Development Corporation
1205 Drexel Avenue
Miami Beach, FL 33139
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officials on the day and date first above indicated.
ATTEST: THE ► OF MIAMI ► ACH, FLORIDA
/
if /
---"-"Koite A CAA_ '-'•1%•Ctr‘~---- lk
CITY CLERK MAYOR
WITNESSES:
I�`
e
Ir MIAMI BEACH DEVELOPMENT
CORPORATION (MBDC)
A ZED SIGNATOR
FORM APP VED ��.vs , 1:133- rl/ -
ri LEG f PRINT O TYPE NAME AND
, �� TITLE OF AUTHORIZED SIGNATOR
By a 'th4�v/
MBDC Date 22 a.?- d
24
APPENDIX 1
BUDGET SUMMARY
BUDGET ITEMIZATION
NOV 16 ' 93 11 : 53 MIAMI BEACH DEVELOPME PAGE . 02
N N N
r • NINww IO000
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Miami 3ssah Development Corporation
Operating Grant Budgets -
October 1, 1993 to September 30, 1994
PROPOSED RAIN CON. RSV. COY. M. L1 OaLN RD. BONN SPRCIAL 1111ILT NITRO :'RANSPORTATION RIIDm=
CO
30DOiT DOWERS C.11.3. YSTRO-DADl C.Y.B. O1fEQlts$IP NEEDS UMW' ROUSING I111DHOSSS3Tp TOTAL
m
• 6000 Contract Costs
w solo Audit _
Ur 15,000 :0 4,051 2,000 0 3,331 1,160 3,112 1,26D 0 15,000
CC 4050 Consultants/Legal 7,500 0 0 0 0 2,357 0 0 5,143 0 7,500
CL 4292 Total Contract Coats 22,500 0 4,059 2,000 0 5.611 1,160 3,112 6,412
0 22,500
6300 Travel 4 Transportation
6310 Travel •sstnar■ a Conference 4,000 0 2,000 0 0 0 0 0 2,000
6320 Local Transportation 4,000 0 2,000 0 a i18 0 0 4,000
6399 Total Travel itTrans. 0,000 0 4,000 0 0 011 0 0 3,162 0 1.000
0 1.000
6400 Sputa Rental
Lu 4410 Office Space Rental 50,000 0 30,197 0 0 11,102 3,665 10,606 4,230
4499 Total Rental �eosa 50,000 0 10,197 00 50.000
0 i1,S02 3,565 10.606 4,230 0 50,000
CL
O 4500 Occupancy Costs
'J i515 Utilities
6,000 0 2,424 0 0
1,3321,273 508 w 1517 Janitorial Syppls I Dakar 1.200 0 405 0 0 366 464 255 102 0 6.300
A 6510 Office Rguipment 6,000 0 1,616 0 0 III 309 0 4,000
6560 Repairs s Maintenance 3,000 0 1,212 0 0 666 232 636 254 0 4,000
0 U 6619 Total Occupancy. Costs 14,200 0 5,736 0 0 3,153 1,091 3,012 1,201 , 00
w 7000 Office 9hponse 0 14,200 •
m 7010 Office Supply 15,000 0 7,271 0 0 3,997 1,392 3,111 7015 Postage a Delivszy 7,000 0 2,125 0 0 1,554 1,502 0 17,000
6,000 0 2,424 0 464 1,273 51 0 ,000
g 7017 Ccommicatioas 0 6
1,332 464 1,273 501 0 6,000
Q "7030 Telepbons 4,000 0 1,616 0 0
7025 Lang Distance Telspboas 1,000 0 404 0 0 222 77 309 S46 33S 0 4,000
7030 Insurance 7.457 0 3,012 0 0 1,656 576 1,512 671 0 7, 57
7052 )ODC Ysst Costs
. . 7299 Total Office lupins* 43,457 0 17,554 0 0 0 0 0 a 0 7,4577
In
9,64, 3,360 9,116 3,676 0 43,457
- 7500 Indirect Costs
7510 Itsmbarship i pass 3,000 0 1,212 0 0 666 232 636 254 7520 Publications i subscription 3,000 0 1,212 0 0 666 232 0 3,000
En
7699 Total Iadireat Costs 6,000 0 2,4]4 0 0 1,332 4i4 1,273 5DS 0 3,040
0 6,000
TOTAL OPBRATi o MINIM 507,711 17,500 149,461 42,000 0 100,000 25,000 S0,000 50.000
33,750 507,711
Grant Inooma Less
D Operating 3mpense 1170,175) (27,500) (117,6751 0 (25.0001 0 D
Z 0 0 12 (170,1751
i
Mimi Beach Development Corporation
Operating Grant Budgets
October 1, 19l3 to September 30, 1994
PLOPO1 BITS COG. RSV. COY. REV. LIICOLN RD. SORB SPACIAL HABILY 101lIO TRPMSPORTITION RH/QL?DiW
m BUDGET N0S7 A! C.M.B. ROPYRO-DAD1 C.X.I. OIA BAS1IP IUDS INSTAL 2O111ISR: IGUIAGIEMIT TOTAL
w
to
cc Grant Imams Less
a_ Operating i:;Pmss (170,175) (27,5001 (117,675) 0 (25,0001 0 0 0 0 0 (170,175)
Other Looms
Pztgrea Income--Scattered Ii (400,000) 0 0 0 0 (400,000) 0 0 0 0 (400,000)
Pragraa Zaeama••Bip'ht Bp.cit (50,000) D 0 0 0 D 0 (50,000) 0 0 (50,000)
Cad. County Surtax (570.000) 0 0 0 0 1570,000) 0 0 0 0 (570,000)
C.Y.B. SORB l.T.H.B. 1250,000) 0 0 0 0 (250,0001 0 0 0 0 (250,000)
Metro-Dade HON! Hurricane (110,000) 0 0 0 0 1100,000) 0 D. 0 0 (180,000)
w CNN SONS Puads - C.H.D.C. (457,000) 0 0 0 0 0 0 (457,00D1 0 0 (457,0001
CL Buz Section 111 (1,275,000) 0 0 0 0 0 (1,175,000) 0 0 0 (1,275,0001
O 7COAL OTHIR IAMBI (3,112,000) 0 0 0 0 (1,400,000) (1,275,0001 (507,000) 0 0 (3,112,0003
J
w
I 0500 Otter Costs }•
w 1etabilitatiaa Coats 117,675 0 117,675 0 0 0 0 0 0 0 117,675
C.M.B. BOMB T.T.H.B. 250,000 0 0 0 0 250,000 0 0 0 0 252,000
I Batro-Dade Ham Hurricane 110,000 0 0 0 0 2S0,000 0 0 0 0 180,000
cc
U Lincoln load Capital Isprara 25,000 0 0 0 25,000 0 0 0 0 0 25,000
w Rain Hoth.ra Food Vouchers 10,000 20.000 0 0 0 0 0 0 D 0 20,000
00 lain Mothers Loan Pool 7,500 7,500 0 0 0 0 0 0 0 0 7,500
Rome Oum srship Acquisition 100,000 0 0 0 0 400,000 0 0 0 0 400,000
z Soma Donorship Disposition 570,000 0 0 0 0 570,000 0 0 0 - 0 574,000
CC Special Sousing Acquisition 425,000 0 0 0 0 0 425,000 0 0 0 426,000
E Special Housing t.habil. 850,000 0 0 0 0 0 S50,000 0 0 0 850,000
Acquisition/Rehab-lite Spec. 457,000 0 0 0 0 0 0 457,000 0 0 457,000
Pr.-Dsv.Losn Repay.-lazily 50,000 0 0 0 0 D 0 50,000 0 0 50,000
. 8683 4otal Other Costs 3,352,175 27,500 117,675 0 25,000 1,400,000 1,275,000 507,000 0 0 3,352,175
U7
Hex Inca 0 0 0 0 0 0 0 0 0 0 0
01
ro:al Grant Zaoofoe (577,886) (45,000) (257,136) (42,000) (25,000) (100,000) 125,000) (90,000) (50,000) (33,750) (677,116)
To al Other Income (3,217.000) 0 0 0 0 (1.500,000) (1,275,000) (507,000) 0 0 (3,112,000)
Total Income (3,839,/16) (45.000) (257,135) (42,000) (25,000) (1,500,000) (1,300,0001 (597,000) (50.00D) (33,750) (3,158,116)
Ico
> !oeal Operating )34p as 507,711 17,500 149,461 41,000 0 100,000 25,000 20,000 50,000 33,750 507,711
z Total Other Costs 3,352,175 27,500 117,675 0 25,000 1,400,000 1,275,000 507,000 0 0 3,352,175
Total Casts 1,052,116 45,000 257,126 42,000 25,000 1,500,000 1,300,000 527,000 58,000 33,750 3,150,116
Net Income 0 0 0 0 0 0 0 0 0 0 0
APPENDIX 2
ACKNOWLEDGEMENT OF ECONOMIC
0 DEVELOPMENT ACTIVITIES
•
ACKNOWLEDGEMENT/CERTIFICATION OF
ECONOMIC DEVELOPMENT ACTIVITIES
If the Provider will be using Community Development Block Grant (CDBG) funds for an
Economic Development Activity, the following federal requirements must be acknowledged:
LOW/MODERATE INCOME JOBS
Criteria:
A low/moderate job activity is one which creates or retains permanent jobs, at least 51%
of which are taken by low/moderate income persons or considered to be available to
low/moderate income persons.
In counting fobs created or jobs retained, the following policies apply:
Part-time jobs must be converted to full-time equivalents.
Only permanent jobs count.
Temporary jobs may not be included.
Regardless of the sources of funding,BE permanent jobs created by the activity must
be counted.
Trickle-down jobs (jobs indirectly created by the assisted activity) may not be
counted.
For fobs retained, the following additional criteria apply:
There is clear and objective evidence that permanent jobs will be lost without CDBG
assistance. Such evidence includes: a notice issued by the business to affected
employees, a public announcement by the business, or relevant financial records.
Retained jobs are considered to involve the employment of low/moderate income
persons if 51% of such jobs are known to be held by low/moderate income persons
when CDBG assistance is provided.
Jobs are considered to be available to low/moderate income persons when both, the
following conditions are fulfilled:
Special skills that can only be acquired with one or more years of training or work
experience, or educations beyond high school, are j a pre-requisite to fill such jobs,
or else the business nevertheless agrees to hire unqualified persons and train them;
and
Page 1 of 4
•
ACKNOWLEDGEMENT/CERTIFICATION OF
ECONOMIC DEVELOPMENT ACTIVITIES
(Continued,1
The Provider ensures that the assisted business adheres to the principles of "first
consideration" by: using a hiring practice that in all likelihood will result in over 51%
of those hired being low/moderate income persons; seriously considering a sufficient
number of low/moderate income job applicants to meet this intent; determining that
the distance from the job applicant's residence is close to the job site or that
transportation is available to the job site.
RECORDS TO BE MAINTAINED
Where the low/moderate income benefit is based on iob creation, the Provider's files must
include the documentation described in either (A) or (B) below:
(A) For activities where at least 51% of the jobs will be available to low/moderate
income persons, documentation for each assisted business must include:
(1) A copy of a written agreement containing:
(a) A commitment by the business that it will make at least 51% of the
jobs available to low/moderate income persons and will provide
training for any of those jobs requiring special skills or education; and, •
(b) A listing by job title of the permanent jobs to be created, indicating
which jobs will be available to low/moderate income persons, which
jobs require special skills or education, and which jobs are part-time;
and,
(c) A description of actions to be taken by the Provider and business to
ensure that low/moderate income persons receive "first consideration"
for these jobs; and,
(d) A listing, by job title, of permanent jobs filled, and which jobs were
available to low/moderate income persons, as well as a description of
how"first consideration"was given to such persons for those jobs. The
description must include what type of hiring process was used; which
low/moderate income persons were interviewed for a particular job
and which interviewees were hired.
Page 2 of 4
•
•
•
ACKNOWLEDGEMENT/CERTIFICATION OF
ECONOMIC DEVELOPMENT ACTIVITIES
(Continued)
(B) For activities where at least 51% of the jobs will be taken by low/moderate income
persons, documentation for each assisted business must include:
(1) A copy of a written agreement containing:
(a) A commitment by the business that at least 51% of the jobs, on a full-
time equivalent basis, will be taken by low/moderate income persons
and a listing by job title of the permanent jobs created; and,
(b) A listing,by job title, of the permanent jobs filled and which jobs were
initially held by low/moderate income persons; and,
(c) Information on the size and annual income of the person's immediate
family prior to the low/moderate income person being hired for the
job.
(2) Where low/moderate income benefit is based on iob retention, the files must
include the following documentation:
(a) Evidence that jobs would be lost without CDBG assistance.
(b) A listing, by job title, of permanent jobs retained, indicating which of
those jobs are part-time and (if known) which are held by
low/moderate income persons at the time the assistance is provided.
(c) Identification of any retained jobs not already held by low/moderate
income person which are projected to become available to
low/moderate income persons through job turnover within two years
of the time CDBG assistance is provided. (Job turnover projections
should also be included in the record.)
(d) Information on the size and annual income of the low/moderate
income persons' immediate family for each retained job claimed to be
held by a low/moderate income person. Acceptable documentation on
job applicant/employee family income includes any one of the
following:
(i) Notice that job applicant/employee is a referral from
state, county or local employment agency or other entity
that agrees to refer individuals determined to be
low/moderate income according to HUD criteria.
(These entities must maintain documentation for city of
federal inspection.)
Page 3 of 4
•
ACKNOWLEDGEMENT/CERTIFICATION OF
ECONOMIC DEVELOPMENT ACTIVITIES
(Continued)
•
(ii) Written certification, , signed by the job
applicant/employee, of family income and size to
establish low/moderate income status by showing: the
actual income of the family, or a statement that the
family income is below CDBG low/moderate income
requirements. (These certifications must include a
statement that they are subject to verification by the
local or federal government.)
(iii) Evidence that job applicant/employee qualifies for
assistance under another program with income
qualification criteria at least as restrictive as those used
by the CDBG program, such as referrals from the Job
Training Partnership Act (JTPA) Program, except for
referrals under the JTPA Title III Program for
dislocated workers. _
ADDITIONAL CONSIDERATIONS
The Provider must prepare an "appropriate" determination, previously known as a
"Necessary and Appropriate" determination, whenever CDBG assistance is provided for a
private, for-profit entity carrying out economic development activities: It should be noted
that the deletion of the term "Necessary", pursuant to Section 105 (a) (17) of the new Act,
does not override the requirements at 570.203 (b). This determination is to ensure that the
amount of the financial assistance is not excessive in light of the actual needs of the business
and the expected public benefit. Examples of CDBG assistance are: Grants, loans, loan
guarantees, interest supplements, technical assistance or another form except for those
described as ineligible in CDBG Regulations 570.207. This determination is to ensure that
the amount of the financial assistance is not excessive in light of the actual needs of the
business and the expected public benefit. Examples of CDBG assistance are grants, loans,
loan guarantees, interest supplements, technical assistance or another form except for those
described as ineligible in CDBG Regulations at 570.207. If no CDBG assistance of a
financial nature is being provided for a private, for-profit entity, then the "necessary or
appropriate; determination would need to address the public benefits to be derived from
assisting each business but would not require a financial analysis of the business' need for
the grant or loan.
I hereby acknowledge that I have read the specific requirements for economic activities
contained in this Acknowledgement/Certification, and that eligibility of my organization's
project depends upon compliance with their requirements contained in this document.
A
14.4) l % '46
NAME/TIE SIGNATOR
NAME OF OORGANIZATION
DATE
Page 4 of 4
•
APPENDIX 3
NARRATIVE REPORT
FINANCIAL STATUS REPORT
CLIENT PROFILE REPORT
...............
C of a Beach onrniuniDevelopmenti t Pro ern
�B Year 'I9 Client Pros R 199 .-
Project Category: Reporting Month/Year:
Project Provider: Signature& Title:
Activities, Programs or Services Funded: Date Submitted:
Ethnicity
iv ti�aC, ?ted Households/ Female White Not Black Not American Indian Asian or
�1Im6 Qq�`
Rrpgfltlt tad Persons HOW Hispanic Hispanic Hispanic or Alaskan Pacific
Assisted 50% of M 80% of M Origin Origin Native Islander
1 2 3 4 5
. .ti Z— .
7 'i, t, ‘-
Col. 1 Describe activities,programs, or type of services provided during reporting period, e.g. hot meals;prescription medications; shopping visits, etc.
Col. 2 Top: Provide number of clients assisted during reporting period;Bottom: Provide number of YTD clients assisted.
Col. 3 Top: Provide number of female head of households assisted during reporting period; Bottom: Provide number of YTD female head of households assisted.
Col. 4 Top: Provide actual number of clients assisted during reporting period by income range(50% or 80% of median income). Bottom: Provide actual number of
YTD clients assisted by income range(50% or 80% of median income).
.Col. 5 Top: Provide ethnic breakdown for clients assisted during reporting period; Bottom: Provide ethnic breakdown for YTD clients assisted. Note: Top numbers
must add up to the top figure in Coll; Bottom numbers must add up to bottom figure reported in Col. 2.
•
'CDB Year /9 City of-Miami Bich / CUII11I2tllllfY . vel .
FY 1 Financial tus_IReport
•
Project Category: Reporting Month/Year:
Project Provider: Signature& Title:
Services Funded: Date Submitted:
Month Year Month to Date Year to Date
Adopted Revised to Date to Date Available Program Income/ Program Income/
CMB Budget Account Number/Title: Budget Budget Expenditures (I) Expenditures (1) Funds Revenue (2) Revenue (2)
Yr 19 TOTALS:
(1) The reporting month's (with supporting documentation attached) and year to date expenditures.
(2) Complete only if applicable.
CITY OF MIAMI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
NARRATIVE REPORT
YR 19 FY 1993/94
Project Category:
Project Provider:
Project Number:
Services Funded:
Reporting Month/Year: / Date Submitted: / /9_
Signature & Title:
Describe activities completed and/or services provided during reporting period.
Detail those accomplishments cited above conducted during the reporting period.
Provide units of measure to quantify your accomplishments described_
State problems encountered during the reporting period which impacted your
organization's ability to either provide services or complete projects.
List special recognition received during the reporting period.
•
CERTIFICATIONS
•
CDBG FUNDED CONSTRUCTION/REHABILITATION PROJECTS
LEAD BASED PAINT REQUIREMENTS
RELIGIOUS ORGANIZATION REQUIREMENTS
CERTIFICATION REGARDING LOBBYING
DRUG-FREE WORKPLACE REQUIREMENTS
•
CERTIFICATION OF
CDBG FUNDED CONSTRUCI'ION/REHABILITATION PROJECTS
If the Provider anticipates using CDBG funds for construction or rehabilitation, the
following federal and City of Miami Beach requirements must be acknowledged:
A. All construction or rehabilitation plans and specifications for the project must be
approved by the city's departments of Planning, Design and Historic Preservation
Division, Public Services, Building, Code Enforcement, and Fire. If the project is
located in the Miami Beach Architectural District, or affects a building listed or
eligible for listing on the National Register of Historic Places, all plans and
specifications must be approved by the State Historic Preservation Office (SHPO),
in accordance with the Memorandum of Understanding between the SHPO and the
City.
B. The City shall not be obligated to pay any funds to the project prior to the
completion by the City of an environmental review of the project, and said review is
approved by any government agencies as may be required by law.
C. The Provider will assure all wages paid to construction workers by it or its
subcontractors are in compliance with federal, state and local labor requirements.
The Provider agrees to include in the construction bid specifications in connection
with this agreement the applicable Federal Wage Determination assigned to this
project by HUD. The Provider must also inform his contractor/subcontractors that
they will be required to_ submit documents after a city-conducted pre-construction
conference and prior to construction.. Weekly and/or monthly reports must be
submitted thereafter, as required by the federal government.
D. The Provider agrees to comply with, and to assure that its subcontractors comply
with, the federal Office of Management and Budget (OMB) Circular Number A-102
Attachment E for programs funded in whole or in part by CDBG funds;with federal
OMB Circular A-102 Attachment 0 for the procurement of supplies, equipment,
construction and services; and with Federal Management Circular A-87; or any other
applicable OMB circular.
E. Pursuant to Section 109 of the Act, the Provider specifically agrees that no person
shall be denied the benefits of the program on the grounds of race, color, sex,
religion or national origin.
F. The Provider agrees, on its own behalf and on behalf of its contractors and
subcontractors, to take affirmative action in attempting to employ low income and
minority persons, as mandated by law.
G. As required by OMB Circular Number A-102, and by Florida Statutes Section
287.055, professional services must be competitively selected. The competitive
selection process must include: a public advertisement, issuance of a request for
proposal and a competitive review based on uniform criteria. Selection criteria must
Page 1 of 3
•
CERTIFICATION OF
CDBG FUNDED CONSTRUCTION/REHABILITATION PROJECTS
(Continued)
consider the basic qualifications, professional competence, experience and suitability
of each firm. Fees for professional services must be requested as a fixed sum and
not stated as a percentage of construction costs.
H. All documents, bid specifications, notices and construction drawings must be
submitted for the review and approval of the Housing and Community Development
Division prior to public advertisement.
The bidding process for construction contracts must include a formal advertisement,
published in The Miami Review, Dodge Reports and The Miami Builder's Exchange.
This announcement must include the following:
1. The date, time and place that bid documents are available, and the same
information for any pre-bid conferences and receipt of bids.
2. The requirement of bid surety in the amount of ten percent (10%) of the bid,
and a performance and payment bond equal to 100% of the award.
3. A standard statement regarding the "in whole or in part" federal funding of
the project and the various applicable federal regulations.
J. The City reserves the right to be present at the time of bid openings. If City CDBG
monies are the sole funding source, the City may require that bids be received and
opened by the City's Purchasing Department.
K. The Provider agrees to submit to the City's Housing and Community Development
Division all documentation of the steps followed in the selection of professional
services and construction contracts.
L. The Provider agrees to specify a time of completion and include a liquidated damage
clause in all construction contracts. Cost plus a percentage of cost, and percentage
of construction cost contracts will not be permitted.
M. If the Provider is awarded CDBG funds, other conditions and requirements will be
specified in the funding agreement.
N. The Provider agrees that it will not start construction until an official "Notice to
Proceed" has been issued.
Page 2 of 3
•
CERTIFICATION OF
CDBG FUNDED CONSTRUCTION/REHABILITATION PROJECTS
(Continued)
O. Pursuant to 570.608 of the CDBG Regulations, and the new provisions in the
Housing and Community Development Act of 1974 as amended, the Provider agrees
to comply with the inspection, notification, testing and abatement procedures
concerning lead-based paint.
I hereby acknowledge that I have read the specific requirements contained in this
Certification,and that eligibility of my organization's project depends upon compliance with
the requirements contained in this document.
S' ature
_Ail
Name/Title o Signat6r
/tea , ems- d� 17 1
ame of Organization
Date
Page 3 of 3
CERTIFICATION OF
LEAD BASED PAINT REQUIREMENTS
APPLICABILITY:
A. The lead based paint rule applies to CDBG-funded housing activities involving
construction, purchase and rehabilitation.
B. The following housing rehabilitation activities are excepted:
1. Emergency repairs (but not lead based paint-related emergency repairs)
2. Weatherizing
3. Water and/or sewer hookups
4. Installation of security devices
5. Facilitation of tax exempt bond issuances for funds
6. Other single-purpose activities that do not include physical repairs or
remodeling of applicable surfaces
7. Other activities that do not involve applicable surfaces and do not exceed
$3,000 per unit.
INSPECTION AND TESTING REQUIREMENTS:
The Provider shall be required to test the lead content of chewable surfaces of an apartment
building to be rehabilitated, if there is a family residing in one of the units with a child
under seven years of age with an identified elevated blood level condition (concentration
of lead in blood of 25 micrograms per deciliter or greater) and the building was constructed
prior to 1978.
Chewable surfaces are defined as all exterior surfaces of a residential structure, up to five.
feet from the floor or ground, such as: a wall, stairs, deck, porch, railing, windows or doors
that are readily accessible to children under seven years of age, and all interior surfaces of
a residential structure.
Lead content shall be tested by using an x-ray fluorescence analyzer or other method
approved by HUD. Test readings of 1 mg/cm or higher shall be considered positive for
presence of lead based paint.
REOUIRED TREATMENT:
Treatment of lead based paint conditions must be included as part of the proposed
rehabilitation work. All chewable surfaces in any room found to contain lead based paint
must be treated before final inspection and approval of work. Similarly, all exterior
chewable surfaces must be treated when they are found to contain lead based paint.
Page 1 of 2
CERTIFICATION OF
LEAD BASED PAINT REQUIREMENTS
(Continued)
Minimum treatment involves covering or removing the painted surfaces. Washing and
repainting without thorough removal or covering does not constitute adequate treatment.
Covering can be achieved by adding a layer of gypsum wallboard or fiberglass cloth barrier.
Depending on the wall condition, permanently attached, non-strippable wallpaper may be
applied. Covering or replacing trim surfaces is also permitted.
Removal can be accomplished by scraping, heat treatment (infra-red or coil type heat guns)
or chemicals. Machine sanding and propane torch use are not allowed.
I hereby acknowledge that I have read the specific requirements for lead based paint
contained in this Certification, and understand that my organization's project eligibility
depends upon compliance with the requirements contained in this document.
Sig ature
)C44.S
Name/Title of Si nator
47/ c.''Z%2-D/"C4-'"--6)"/°
me of Organization
/OP
Date
Page 2 of 2
CERTIFICATION OF
RELIGIOUS ORGANIZATION REOUIREMENTS
In accordance with First Amendment of the U.S. Constitution - "church/state principles",
CDBG assistance may not, as a general rule, be provided to primarily religious entities for
any secular or religious activities.
Therefore, the following restrictions and limitations apply to any provider which represents
that it is, or may be deemed to be, a religious or denominational institution or an
organization operated for religious purposes which is supervised or controlled by or operates
in connection with a religious or denominational institution or organization.
A religious entity that applies for and is awarded CDBG funds for public service activities
must agree to the following:
1. It will not discriminate against any employee or applicant for employment on the
basis of religion and will not limit employment or give preference in employment to
persons on the basis of religion;
2. It will not discriminate against any person applying for such public services on the
basis of religion and will not limit such services or give preference to persons on the
basis of religion;
3. It will provide no religious instruction or counselling, conduct no religious worship
or services,engage in no religious proselytizing,and exert no other religious influence
in the provision of such public services;
4. The portion of a facility used to provide public services assisted in whole or in part
under this Agreement shall contain no sectarian or religious symbols or decorations;
and
The funds received under this Agreement shall not be used to construct, rehabilitate, or
restore any facility which is owned by the Provider and in which the public services are to
be provided. However, minor repairs may be made if such repairs are directly related to
the public services; are located in a structure used exclusively for non-religious purposes;
and constitute, in dollar terms, only a minor portion of the CDBG expenditure for the
public services.
I hereby acknowledge that I have read the specific requirements contained in this
Certification,and that eligibility of my organization's project depends upon compliance with
the requirements contained in this document.
w—
S' atur
___... 4-44(_,. /.....c,r- 1/....e>ef iff----
Name/Title of Signator
filar/ u�/kri�z/zie a/�y��/.� �ieoir�i��c..7
ame of Organization
.- j/
Date
Page 1 of 1
CERTIFICATION REGARDING LOBBYING
Name of Recipient: CITY OF MIAMI BEACH
Name of Sub-recipient:
Grant Program Name: COMMUNITY DEVELOPMENT BLOCK GRANT
Grant Number. B-93-MC-12-0014
Date:
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or any employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member. of Congress, an officer or employee of Congress, or any
employee of a Member of Congress in connection with this Federal contract, grant,
loan,or cooperative agreement, the undersigned shall complete and submit Standard
Form-ILL, "Disclosure Form to Report Lobbying", in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all sub-awards at all tiers (including sub-contracts, sub-
grants, and contracts under grants, loans, and cooperative agreements) and that all
individuals receiving sub-awards shall certify and disclose accordingly.
t
S' ature
).4:i as ."ie 4..4,r 4.i/Z 7-1.4---
Name/Title of Signator —
2"Ai% /k/.671-1 Zer/dd-d-496rd-- 44' '
ame of Organization
A/ &-.s" , 2-'$
Date /
Page 1 of 1
. •
CERTIFICATION OF
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
Name of Recipient: CITY OF MIAMI BEACH
Name of Sub-recipient:
Grant Program Name: COMMUNITY DEVELOPMENT BLOCK GRANT
Grant Number: B-93-MC-12-0014
Date:
The Provider shall insert in the space provided below the site(s) expected to be used for the
performance of work under the grant covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
1
• ature
-A4 s /11.
Name/Title of Signator
Name of Or anization
Date
Page 1 of 1
ATTACHMENTS
CITY OF MIAMI BEACH
LOW AND MODERATE HOUSEHOLD INCOME LIMITS
CITY OF MIAMI BEACH
INCOME SUMMARY DATA
CITY OF MIAMI BEACH
PERCENTAGE OF LOW/MODERATE INCOME PERSONS
SECTION 3 CLAUSE
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR
CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246
•
CITY OF MIAMI BEACH
LOW AND MODERATE HOUSEHOLD INCOME LIMITS
(EFFECTIVE: 5/25/93)
A low income or a moderate income household is defined as: a household having an income
equal to,or less than,the limits cited below. Individuals who are unrelated but are sharing
the same household shall each be considered as one person households.
HOUSEHOLD SIZE MODERATE INCOME* LOW INCOME**
1 PERSON 23,450 14,650
2 PERSONS 26,800 16,750
3 PERSONS 30,150 18,850
4 PERSONS 33,500 20,950
5 PERSONS 36,200 22,650
6 PERSONS 38,900 24,300
7 PERSONS 41,550 26,000
8 PERSONS 44,250 27,650
* 80% of Median Income
** 50% of Median Income
SOURCE: U.S. Department of Housing & Urban Development
"Section 8 Housing Assistance Payments Program"
HUD Circular Letter 93-20
Page 1 of 1
•
CITY OF MIAMI BEACH - LOW/MODERATE INCOME DATA
DATA PROVIDED BY U.S. HUD MEMORANDUM "CDBG 1990 CENSUS
INCOME SUMMARY DATA" (ISD) - JULY 2, 1993
FLAMINGO TARGET AREA
CENSUS TRACT TOTAL L/M PERSONS TOTAL PERSONS . % LOW/MOD
40.00-5 310 448 69.20
41.01-1 614 757 81.11
41.01-2 2,137 4,002 53.40
41.01-3 810 1,511 53.61
42 10,042 13,736 73.11
43 6,728 9,582 70.21
44 10,774 13,244 81.35
45 1,768 2,307 76.64
TOTAL 33,183 45,587 73% L/M
NORMANDY ISLE TARGET AREA
CENSUS TRACT TOTAL L/M PERSONS TOTAL PERSONS % LOW/MOD
39.05-2 2,408 3,346 71.97
39.05-4 2,401 3,071 78.18
TOTAL 4,809 6,417 75% L/M
NORTH SHORE TARGET AREA
CENSUS TRACT TOTAL L/M PERSONS TOTAL PERSONS % LOW/MOD
39.01-1 603 1,036 58.20
39.01-2 620 836 74.16
39.01-3 407 468 86.97
39.01-4 518 772 67.10
39.01-5 1,593 2,256 70.61
39.01-6 1,581 2,240 70.58
39.02-1 704 897 78.48
39.02-2 876 1,187 73.80
39.02-3 211 211 100.00
39.02-4 1,564 2,097 74.58
TOTAL 8,677 12,000 72% L/M
Page 1 of 1
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•
SECTION 3 CLAUSE
A. The work to be performed under this contract is on a project assisted under a
program providing direct Federal financial assistance from the Department of
Housing and Urban Development and is subject to the requirements of Section 3 of
the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u.
Section 3 requires that to the greatest extent feasible, opportunities for training and
employment be given to lower income residents of the project area, and contracts for
work in connection with the project be awarded to business concerns which are
located in, or owned in substantial part by persons residing in the area of the project.
B. The parties to this contract will comply with the provisions of said Section 3 and the
regulations issued pursuant thereto by the Secretary of Housing and 'Urban
Development set forth in 24 CFR 135.20, and all applicable rules and orders of the
Department issued thereunder prior to the execution of this contract. The parties
to this contract certify and agree that they are under no contractual or other
disability which would prevent them from complying with these requirements.
C. The contractor will send to each labor organization or representative of workers with
which he has a collective bargaining agreement or other contract or understanding,
if any, a notice advising the said labor organization of workers' representative of his
commitments under this Section 3 Clause and shall post copies of the notice in
conspicuous places available to employees and applicants for employment or training.
D. The contractor will include this Section 3 Clause in every subcontract for work in
connection with the project and will, at the direction of the applicant for or recipient
of Federal financial assistance, take appropriate action pursuant to the subcontract
upon a finding that the subcontractor is in violation of regulations issued by the
Secretary of Housing and Urban Development, 24 CFR 135.20. The contractor will
Page 1 of 2
•
SECTION 3 CLAUSE
(Continued)
not subcontract with any subcontractor where it has notice or knowledge that the
latter has been found in violation of regulations under 24 CFR 135.20, and will not
let nay subcontract unless the subcontract has first provided it with a preliminary
statement of ability to comply with the requirements of these regulations.
E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR
135.20, and all applicable rules and orders of the Department issued thereunder prior
to the execution of the contract, shall be a condition of the Federal financial
assistance provided to the project, binding upon•the applicant or recipient for such
assistance, its successors, and assigns. Failure to fulfill these requirements shall
subject the applicant or recipient, its contractors and subcontractors, its successors,
and assigns to those sanctions specified by the grant or loan agreement or contract
through which Federal assistance is provided, and to such sanctions as are specified
by 24 CFR 135.20.
•
Page2of2
y • G
• EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246
The applicant hereby agrees that it will incorporate or cause to be incorporated into any
contract for construction work, or modification thereof, as defined in the regulations of the
Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds
obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken
pursuant to any Federal program involving such grant, contract, loan, insurance, or
guarantee, the following equal opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The contractor
will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color,
religion, sex, or national origin. Such action shall include, but not be limited to the
following: employment,upgrading,demotion,or transfer;recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in
conspicuous place, available to employees and applicants for employment, notices to
be provided setting forth the provision of this nondiscrimination clause.
(2) The contract will, in all solicitations or advertisements for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex or national
origin.
Page 1 of 4
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246
(Continued)
(3) The contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice
to be provided advising the said labor union or workers' representative of the
contractor's commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary,
of Labor, or pursuant thereto, and will permit access to his books, records, and
accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor's non-compliance with the non-discrimination clauses
of this contract or with any of the said rules, regulations, or orders, this contract may
be canceled, terminated, or suspended in whole or in part and the contractor may be
• declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies
invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(7) The contractor will include the portion of the sentence immediately preceding
paragraph (1), and the provisions of paragraphs (1) through (7) in every subcontract
Page 2 of 4
M
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246
(Continued)
or purchase order unless exempted by rules, regulations, or orders of the Secretary
of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions,
including sanctions for non-compliance: Provided, however, that in the event a
contractor becomes involved in, or is threatened with, litigation with a subcontractor
or vendor as a result of such direction by the administering agency, the contractor
may request the United Stated to enter into such litigation to protect the interests
of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause
with respect to its own employment practices when it participates in federally assisted
construction work: provided that, if the applicant so participating is a State or local
government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on or
under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency
and the Secretary of Labor in obtaining the compliance of contractors and subcontractors
with the equal opportunity clause and the rules, regulations, and relevant orders of the
Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor
such information as they may require for the supervision of such compliance, and that it will
otherwise assist the administering agency in the discharge of the agency's primary
responsibility for securing compliance.
Page 3 of 4
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246
(Continued)
The applicant further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and
federally assisted construction contracts pursuant to the Executive Order and will carry out
such sanctions and penalties for violation of the equal opportunity clause as may be imposed
upon contractors and subcontractors by the administering agency of the Secretary of Labor•
• pursuant to Par II, Subpart D of the Executive Order. In addition, the applicant agrees that
if it fails or refuses to comply with these undertakes, the administering agency may take any
or all of the following actions: cancel, terminate, suspend in whole or in part this grant
(contract, loan, insurance guarantee); refrain from extending any further assistant to the
applicant under the program with respect to which the failure or refund occurred until
satisfactory assurance of future compliance has been received from such applicant;and refer
the case to the department of Justice for appropriate legal proceedings.
•
Page 4 of 4